Posted: 13 March 2025 at 8:21pm | IP Logged | 4
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QUOTE:
Is it legal, or isn't it? |
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That is the crux of the matter, isn't it? The historical norm for America (derived from a long-held tenet of English common law) has been for due process to be in play: adherence to the established rules of the system which, in the case of the Government enforcing changes on individuals, means the Government's power is restricted by procedural protections. The established precedent is for revocation of security clearances to be subject to review.
The US Constitution, via the fifth and fourteenth amendments, guarantees an individual the right to conduct business. Any denial change to a security clearance may prevent future employment and is therefore a constitutional liberty interest. If the decision to strip "any active security clearances held by individuals at Perkins Coie" or for, say, Mark Zaid, is purely political payback rather than an issue of national security -- as you state and as seems clear -- then it would seem unconstitutional. In the case of Zaid, who has represented whistleblowers using his clearance for the last thirty years, it restricts his ability to practice law in this way going forward.
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